TERMS OF USE AND LEGAL RESTRICTIONS

Use of Site

Marxmeier Software AG authorizes you to view and download the materials at this Web site ("Site") only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

Disclaimers

THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES AT THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Marxmeier Software AG's obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements. Marxmeier Software AG further does not warrant the accuracy and completeness of the materials, software or services at this Site. Marxmeier Software AG may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and Marxmeier Software AG makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult Marxmeier Software AG for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.

Limitation of Liability

IN NO EVENT WILL MARXMEIER SOFTWARE AG, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT MARXMEIER SOFTWARE AG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Use of Software

Any software that is made available to download from this Site is the copyrighted work of Marxmeier Software AG and/or its suppliers. Use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software ("License Agreement"). You may not download or install any Software that is accompanied by or includes a License Agreement unless you have read and accepted the terms of the License Agreement. REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE APPLICABLE LICENSE AGREEMENT.

User Submissions

Marxmeier Software AG does not want to receive confidential or proprietary information from you through this Site. Any material, information or other communication ("Communications") you transmit or post to this Site will be considered non-confidential and non-proprietary. Marxmeier Software AG will have no obligations with respect to the Communications. Marxmeier Software AG and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. Personally identifiable information that you submit to Marxmeier Software AG for the purpose of receiving products or services will be handled in accordance with the Eloquence Online Privacy Statement. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

Chat Rooms and Other User Forums

Marxmeier Software AG may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Marxmeier Software AG, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Marxmeier Softwarr AG retains the right to remove messages that include any material Marxmeier Software AG deems abusive, defamatory, obscene or otherwise unacceptable.

Links to Third-Party Websites

Links on this Site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this Site. Marxmeier Software AG has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, Marxmeier Software AG does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Site, you do this entirely at your own risk.

Linking to this Site

You may create links to this Site from other sites, but only in accordance with the terms below and in compliance with all applicable laws. A site that links to the Marxmeier Software AG's Eloquence website:

• May link to but not replicate Marxmeier Software AG content
• Should not create a browser or border environment around Marxmeier Software AG content
• Should not imply that Marxmeier Software AG is endorsing it or its products
• Should not misrepresent its relationship with Marxmeier Software AG
• Should not present false information about Marxmeier Software AG products or services
• Should not use the Marxmeier Software AG or Eloquence logo without permission from Marxmeier Software AG
• Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.

Trademarks

HP and Compaq and the names of HP and Compaq products referenced herein are either trademarks and/or service marks or registered trademarks and/or service marks of HP and/or its subsidiaries.

Eloquence is a registered trademark of Marxmeier Software AG in the US and other countries.

Other product and company names mentioned herein may be trademarks and/or service marks of their respective owners.

U.S. Government Restricted Rights

This Site contains confidential computer software and technical data. A valid License from Marxmeier Software AG is required for possession, use, or copying. Consistent with FAR 12.211 and 12.212, Commercial Computer Software, Computer Software Documentation, and Technical Data for Commercial Items are licensed to the U.S. Government under Marxmeier Software AG's standard commercial license terms.

General

Marxmeier Software AG administers this Site from its offices in Wuppertal, Germany. Marxmeier Software AG makes no representation that materials or services at this Site are appropriate or available for use outside Germany, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation German export laws and regulations. If you choose to access this Site from outside the Germany, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of Germany, without giving effect to any principles of conflicts of laws.

Marxmeier Software AG may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

Revised November, 2002